30 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) by the crime.135 Since the offence of acting contrary to the measures regarding contagious diseases does not have a specific victim and the offence is committed against all members of society, the “consent of the relevant person” in Article 26/2 of the TPC cannot be applied in this type of offence as a reason for lawfulness.136 VI. FACTORS AFFECTING THE OFFENCE Article 195 of the TPC No. 5237 does not include any aggravating or mitigating factors. However, if a public official uses the tools and equipment that they possess due to their duties during the commission of the offence of acting contrary to the measures regarding contagious diseases, in other words, if there is a possibility of application of the provision of Article 266 of the TPC in the concrete case, the punishment of the perpetrator will be increased.137 VII. SPECIAL APPEARENCE FORMS OF CRIME A. Attempt As stated above, the offence of acting contrary to the measures regarding contagious diseases under Article 195 of Law No. 5237 is a crime of action.138 The existence of an action against the measures is sufficient for the completion of the offence.139 In such offence, the offence is completed when the act is completed. The offence is completed if the perpetrator fails to comply with the measures taken or implemented by the competent authorities regarding the quarantine of the place where the person infected with one of the contagious diseases or who died from these diseases is located. In the event that the offence cannot be completed due to an exceptional reason that is not under the control of the perpetrator, there will be an attempt. For example, if the perpetrator is caught by security guards while trying to bypass the barrier to enter the quarantined area surrounded by iron barriers or while trying to jump over the barriers to leave the quarantined 135 Soyaslan, p. 356. 136 Kangal, p. 446; Önok, p. 175; Kahraman, p. 753. 137 Kangal, p. 446; Önok, p. 177. 138 Kangal, p. 441. 139 Kangal, p. 441-442.
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